Legal Question in Credit and Debt Law in California
Can I sue a collection company for hate crimes, fradulent practices, and threats
I settled with a collection company for $2500.00 in September. I have all the documentation showing the agreement amount, the date, the fax transmitions, the e-mails, all stating the account was paid in full and account would be closed upon receipt of payment of $2500.00 I paid the $2500.00 the same day and I have the receipt of payment from the company. Now, two months later, they say that they did'nt mean to settle and they say the settlement is no longer valid because the employee that I worked with no longer works woth the company so they say its not valid. They continue to harrass me, they say disgusting derogatory things over the phone, they sent me a summons to my door, they won't release the lien so I can't refinance(I've been trying for two months and this is holding everything up). They will not take my calls, they don't call back, and when I do speak with somebody they saw I should **** off, Etc. Etc. Etc. I have ALL documentation showing they settled and I paid. They only respond by saying ''to bad, we should'nt have settled so you owe us $4000.00 because of interest, legal fee's, collection fee's'' What should I do??This is costing me a lot of stress and money in time, effort, and fee's??
2 Answers from Attorneys
Re: Can I sue a collection company for hate crimes, fradulent practices, and threats
You need to take all of the documents you have to an attorney who can help you deal with the collection agency. Also, if you were served with a summons, you need to be aware that the time to respond to their summons and complaint is 30 days from the date you were served. If you do not respond, they will be able to obtain a default and default judgment against you.
DO NOT DELAY. To protect your rights, you must seek counsel immediately.
You can also report them for violating the Fair Debt Collection Pratices Act at www.ftc.gov.
Re: Can I sue a collection company for hate crimes, fradulent practices, and threats
You should retain an attorney ASAP to review the agreement they are in breach of and to aggressively protect your rights herein. This company is in blatant violation of the FDCPA laws that are firmly in place to protect consumer debtors like yourself. This company at issue is subject to lawsuit and/or FTC/Attorney General fines, sanctions, etc...So, you need to act QUICKLY herein to preserve your legal rights and remedies. If you would like efficient, effective and affordable assistance in this pressing matter, contact us directly for a free phone consultation. We specialize and have helped over 400 clients in similar positions to yourself in 2005 alone.
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